IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100011924 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of a second Purple Heart.

2.  The applicant states he was wounded twice, but received the Purple Heart only for the second one.

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.



2.  The applicant was inducted on 12 August 1968 and completed training in military occupational specialty (MOS) 11B as a light weapons infantryman.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 38 (Record of Assignments), that he served in the Republic of Vietnam (RVN) with C Company, 1st Battalion, 52nd Infantry Regiment from 25 January 1969 to 17 August 1969 and his conduct and efficiency ratings were all "excellent" throughout his brief military career; 

	b.  in item 40 (Wounds), a metal fragment wound to the chest and abrasions to both arms on 28 May 1969; and 

	c.  in item 41 (Awards and Decorations), the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Americal Division General Orders 7282, dated 1 August 1969, awarded the applicant the Purple Heart for wounds sustained on 30 July 1969.

5.  The applicant was apparently medically evacuated from Vietnam on 17 August 1969.  Later, he was assigned to an infantry company at Fort Carson, Colorado.

6.  On 11 August 1970, he was released from active duty with an honorable characterization of service and transferred to the USAR Control Group (Annual Training as a specialist four (E-4).

7.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal, Purple Heart, Vietnam Service Medal with three bronze service stars and the RVN Campaign Medal with Device (1960).

8.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 28 May 1969 and on 30 July 1969.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound 


was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, including the Purple Heart.

10.  The regulation also provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active 
Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

12.  Department of the Army General Order (DAGO) 8 of 1974 authorized the Republic of Vietnam gallantry Cross with Palm for all units serving in Vietnam between 8 February 1962 and 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded twice but received the Purple Heart only for the second wound.

2.  He was, indeed, twice wounded in action.  He should be awarded the Purple Heart with Oak Leaf Cluster. 

3.  The applicant served as a light weapons infantryman in an infantry company for about 6 months.  His being twice wounded in action makes the presumption that he served in combat quite reasonable.  He should be awarded the Combat Infantryman Badge.

4.  He distinguished himself during a qualifying period of service as evidenced by his exclusively "excellent" conduct and efficiency ratings and his advancement to pay grade E-4.  There is no indication that he was disqualified from receiving the Army Good Conduct Medal.  It should be awarded at this time.

5.  The applicant is authorized the RVN Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding him the Purple Heart with Oak Leaf Cluster for wounds received in action on 18 May 1969, the Good Conduct Medal for the period 12 August 1968 through 11 August 1970, and the Combat Infantryman Badge; and
   
   b.  deleting the Purple Heart from the awards listed in block 24 of his DD Form 214 and adding the Purple Heart with Oak Leaf Cluster, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge. 




      __________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100011924





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ABCMR Record of Proceedings (cont)                                         AR20100011924



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